The History and Principles of the Civil Law of Rome: An Aid to the Study of Scientific and Comparative Jurisprudence

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K. Paul, Trench, 1851 - Civil law - 475 pages

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Page 48 - And Elisha prayed, and said, LORD, I pray thee, open his eyes, that he may see. And the LORD opened the eyes of the young man; and he saw: and, behold, the mountain was full of horses and chariots of fire round about Elisha.
Page 46 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no farther than is for the general good of those under that law. Could they be happier without it, the law, as a useless thing, would of itself vanish; and that ill deserves the name of confinement which hedges us in only from bogs and precipices.
Page 36 - Sed haec et his similia, utcumque animadversa aut existimata erunt, haud in magno equidem 9 ponam discrimine : ad illa mihi pro se quisque acriter intendat animum, quae vita, qui mores fuerint, per quos viros quibusque artibus domi militiaeque et partum et auctum imperium sit...
Page 47 - Our first thoughts of law, before it becomes a matter of speculation with us, are connected with its restraints, not with the advantages derived from these restraints. As far as the law is from within, — the voice of God echoed in the human heart, — a principle co-existent with man, susceptible of new development with each advance of civilization,— it is a language pointing out our own duties, not suggesting to us the rewards which arise from their performance. As far as it is from without,...
Page 23 - Jus naturale est quod natura omnia animalia docuit ; nam jus istud non humani generis proprium, sed omnium animalium, quae in terra, quae in mari nascuntur, avium quoque commune est.
Page 34 - We had better read the rest of the paragraph: " Plebs autem a populo eo differt quo species a genere; nam, appellatione populi, universi cives significantur, connumeratis etiam patriciis et senatoribus. Plebis autem appellatione, sine patriciis...
Page 34 - Plebiscitum est quod plebs, plebeio magistratu interrogante veluti tribuno, constituebat. Plebs autem a populo eo differt, quo species a genere. nam appellatione populi universi cives significantur, connumeratis etiam patriciis et senatoribus; plebis autem appellatione, sine patriciis et senatoribus ceteri cives significantur.
Page 50 - ... to his being called to the Bar, produce certificates of his having attended two complete courses, at least, of lectures, viz — One complete course of lectures of any two, at his option, of the four Law Professors, namely, the Law Professors of the University of Dublin and those of the King's Inns, and at least five-sixths of the lectures of each session or University Term.
Page 46 - Jure, belli et pacis, or which, perhaps, is the better of the two, Puffendorf de Jure Naturali et gentium ; wherein he will be instructed in the natural rights of men, and the original and foundations of society, and the duties resulting from thence.
Page 48 - We forget that it is the protection from the violence of others which renders possible for us the indulgence of the thousand almost capricious enjoyments which each day brings round us in increasing abundance. What hundreds and thousands are there who live happily and peaceably, and yet whose happiness and whose peace would be wholly impossible but for that unseen dominion of law which prevents any interference with their comforts, while they move on within their unambitious circle of domestic duties,...

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